Anda di halaman 1dari 7

PUBLIC INTERNATIONAL LAW 2 Sem. 20013-14 Class 2C Thurs 4:00pm 6:00 pm.

Course Description / Objectives


Public International Law is a core required subject for any law degree and for admission to the bar. It provides an introduction to the law of nations and international organizations, and includes a review of relevant international and Philippine case and treaty law. Upon completion of the course, the student should have a basic understanding of the evolution and roots of international law, and the relevant aspects of the Philippine Constitution relating to international relations and treaty law, as well as an appreciation of the new and evolving aspects of international law in the political, economic, human and environmental development fields of specialization.
nd

> PROFESSOR
Amb. M.A.J. TEEHANKEE

Methodology Socratic lecture recitation method based on assigned materials, together with examinations, quizzes and special research assignments. Assistant
Ms. Virgie Mercado Tel. 899-7691, 729-2000 loc. 2416.
Email: virginiasmercado22@gmail.com

Consultation Hours: - per advised to the Beadle/appointment. - Default: Thursday, 3pm 4pm/6pm-7pm

Beadle:
Phillip Recentes pd_recentes@yahoo.com

Course Requirements/Grading
Students will be guided by the attached PIL Reading List. The basic reference materials will be Bernas (2009 ed.) and additional cases and reading materials as indicated in the syllabus. Supplementary readings may also be assigned relevant to specific themes. All dates and coverage of the sessions in the attached reading list are provisional and tentative and meant to provide a guide to the coverage of the course, subject to changes that may be required and to be confirmed and communicated to the Beadle.

Classroom Policies
Eating and drinking inside the classroom are not allowed. Cell phones strictly prohibited and will result in an automatic failed recitation grade Insightful participation can be counted towards recitation.

Research Guidelines
1. For ease of reference and use, please save all files in the format: author year title (Ex: Johnstone 2003 Security Council Deliberations) Cases must be saved in the format: court year title (Ex: SC Bayan v Zamora 2000) All files must have a hard copy counterpart in the master IL Department folder.

Required/optional readings are available in advance through the Beadle, Teaching Reserve Section or the intranet Box. Grade Distribution Recitations, Quizzes Mid-term exam (January) Special Assignments Final exam (March)
2.

- 20% - 25% - 15% - 40% 100%

3.

Syllabus
Week 1 - Opening Session November 7

INTRODUCTION The Nature of International Law Overview of Course Compulsory Readings: Bernas I (Roman Numerals denote the Chapter in the 2009 edition) JENNINGS, R., What is International Law and How Do We Tell it When We See it?, in COLLECTED WRITINGS OF SIR ROBERT JENNINGS, vol. II, The Hague, Kluwer, 1998, pp. 730-759; Additional: Iain Scobbie, Wicked Heresies or Legitimate Perspectives? Theory and International Law, in International Law 59, 83-107 (Malcolm D. Evans 3rd ed., 2010). Duncan Kennedy, Three Globalizations of Law and Legal Thought: 1850-2000, in DAVID TRUBEK & ALVARO SANTOS, THE NEW LAW AND ECONOMIC DEVELOPMENT 19-73 (2006) Restatement of the Law, Third, Foreign Relations Law of the United States Philippine International Law Bar Exam Questions (2000-2010) Week 2/3/4 SOURCES OF INTERNATIONAL LAW and the Domestic Law Application of International Law 1. Treaties Bernas III Article 7, Section 20, 21 (RP Constitution) Article 18, Section 25 Executive Order No. 459, Guidelines in the Negotiation of International Agreements and Its Ratification, November 25, 1997 Malaya and Mendoza-Oblena, Philippine Treaty Law and Practice, Integrated Bar of the Philippines Journal (2010) Cases: Bayan v. Zamora, GR 138570, October 10, 2000 Lim v. Exec. Secretary, GR 151445, April 11, 2002 Pimentel v. Executive Secretary, 462 SCRA 622 Abaya v. Ebdane, 513 SCRA 720 Pharmaceutical v. DOH, GR 173034, October 9, 2007 The Province of North Cotabato v. GRP Peace Panel, GR 183591, October 14, 2008 2. Custom, General Principles, Judicial Decisions and Teachings Bernas II Statute of the ICJ, Article 38 November 14, 21, 28

-Page 2 -

Llamzon, The Generally Accepted Principles of International Law as Philippine Law: Towards a Structurally Consistent Use of Customary International Law in Philippine Courts, J.D. Thesis SY 2001-02, 47 Ateneo L.J. 243 (2002)

INTERNATIONAL LAW AND MUNICIPAL LAW - Application of International Law by Domestic Courts Bernas IV Bernas II (pp. 17-19) Article 2, Section 2 (RP Constitution) D'Aspremont The Systemic Integration of International Law by Domestic Courts 2010

Cases: Tanada v. Angara, 272 SCRA 18 Week 5 PERSONALITY UNDER INTERNATIONAL LAW 1. 2. 3. 4. States International Organizations Individuals and Corporations Others December 5

Bernas V Bernas VI Ebdalin, The International Criminal Court: An Overview, 46 Ateneo L.J. 318 (2001) Vazquez, Direct v. Indirect Obligations of Corporations under International Law, 43 Colum. Journal of Transnatl. L. 927 (2005) Cases: The Province of North Cotabato v. GRP Peace Panel, supra. Special Assignments and Topics Items Due: Submission of Topic Description (500 words Maximum) with attached Basic Bibliographic References Due Week 6 INTERNATIONAL BOUNDARIES / TERRITORY 1. Territory Bernas VII Article 1 (RP Constitution) Philippine Archipelagic Baselines Law, R.A. No. 9522 (March 10, 2009) Diagram of Construction of Baselines -Page 3 December 12

Cases:

Divisions of the Continental Margin (illustration) DFA Policy Paper No. 15 (on Sabah Claim) Coquia, The South China Sea Dispute The Spratlys Treaty Limits of the Philippines (illustration) South China Sea: Selected Claims (illustration) Magallona et al. vs. Executive Secretary Ermita et al, G.R No. 187167, Aug. 16, 2011

2. Adjacent Maritime Areas/Law of the Sea Bernas VIII McRae Materials, pp. 3-53 to 3-75, 3-93 to 3-94 Week 7 (and to continue Week 9) JURISDICTION OF STATES 1. Criminal and Civil Jurisdiction Bernas IX McRae Materials, pp. 3-95 to 3-110, 3-115, 3-121 to 3-145 Additional: Table of RP Extradition Treaties Procedure on Extradition under P.D. 1069 The Princeton Principles on Universal Jurisdiction Cases: Govt. of U.S.A. v. Hon. Purganan, GR 148571 Sept. 24, 2002 Govt. of Hongkong v. Olalia, GR153675, April 19, 2007 Week 8 Midterm Exams (Week of January 13 22 - Exact Date to be Announced) Coverage (to be confirmed with Professor) Week 9 (Continuation from Week 7) JURISDICTION OF STATES Criminal and Civil Jurisdiction Bernas IX McRae Materials, pp. 3-95 to 3-110, 3-115, 3-121 to 3-145 Additional: Table of RP Extradition Treaties Procedure on Extradition under P.D. 1069 The Princeton Principles on Universal Jurisdiction -Page 4 January 23 (Midterm Exam) December 19

Cases: Govt. of U.S.A. v. Hon. Purganan, GR 148571 Sept. 24, 2002 Govt. of Hongkong v. Olalia, GR153675, April 19, 2007 Week 10 IMMUNITY FROM JURISDICTION State Immunity and Act of State Diplomatic and Consular Immunity Bernas X McRae Materials, pp. 3-155 to 3-191 McRae Materials, pp. 3-192 to 3-223 Additional: Excerpts from the DFA 1997 Manual on Immunities and Privileges Cases: January 30

Sanders v. Veridiano, 162 SCRA 88 U.S. v. Guinto, 182 SCRA 644 Republic of Indonesia v. Vinzon, 405 SCRA 126 Minucher v. CA, 214 SCRA 242 Nicolas v. Romulo, GR 175888, February 11, 2009

Immunities of International Organizations Bernas VI, pp. 89-93 First Batch of Special Assignments Due Second Batch Due Following Week Week 11/ Week 12 Part 1 RESPONSIBILITY OF STATES 1. General Principles of Responsibility Bernas XI McRae Materials, pp. 4-1 to 4-3 February 6 / February 13

2. Responsibility for Acts Affecting Individuals/Private Corporations Traditional International Liability McRae Materials, pp. 4-4 to 4-7 -Page 5 -

International Protection of Human Rights / International Humanitarian Law Bernas XII Bernas XV McRae Materials, pp. 4-8 to 4-40

Additional: Anthea Roberts & Sandesh Sivakumaran, Lawmaking by Nonstate Actors: Engaging Armed Groups in the Creation of International Humanitarian Law, 37 YALE J. INT'L L. 107 (2012)

Cases: Marcos v. Manglapus, 177 SCRA 668; 178 SCRA 760 International School v. Quisumbing, GR 128845, June 1, 2000 o o International Claims The Taking of Property: Nationalization and Expropriation

Bernas XI McRae Materials, pp. 4-41 to 4-51 McRae Materials, pp. 4-73 to 4-156

3. Responsibility for Environmental Harm Bernas XVI Bernas IX, pp. 138-140 McRae Materials, pp. 4-52 to 4-72 Week 13 Part 2 to Week 14 RESOLUTION OF DISPUTES 1. Use of Force General The Laws of War The Concepts of Self-Defense and Self Protection The Legality of Reprisals Humanitarian Intervention Terrorism Bernas XIV Bernas XV, pp. 317-319 McRae Materials, pp. 5-1 to 5-46 McRae Materials, pp. 5-47 to 5-64 February 20 / 27

Additional: U.N. Security Council Resolution 1483 (2003) Reconstruction of Iraq -Page 6 -

Koechler, The United Nations, The International Rule of Law and Terrorism Candelaria, de Guzman and Patdu, The Legal Concept of Terrorism and Its Implication under International and Municipal Law, 51 Ateneo L.J. 823 (2007)

2. Judicial and Arbitral Settlement - International Court of Justice - Other For a, PCA, ITLOS; ICC; WTO Bernas XIII, XVII, VIII McRae Materials, 5-65 to 5-66

Additional: Statute of the ICJ International Criminal Court WTO Dispute Settlement Understanding Week 15 Selected Special Assignments for Class Presentation and Discussion March 6

Week 16 Reserved for Review or Catch up Week 17 FINAL EXAM (week of March 17 - 26)

March 13

-Page 7 -